Can I still claim injury compensation if I've left the company?

Leaving a company doesn't negate your right to claim compensation for an injury sustained while you were employed there. If you were injured due to your former employer's negligence, you're still entitled to pursue a claim.

Why you might start a claim after leaving a job

You might decide to start an injury claim might after leaving a job for several reasons.

For example, the accident might have seemed minor at the time, but health complications related to your injury might have developed over time. In some cases, an illness linked to past working conditions may only be diagnosed some time after leaving the position.

Sometimes employees choose not to make a claim at the time of the incident, out of a sense of loyalty or concern that a claim might financially impact the company or their colleagues.

Duty of care

Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to provide a safe working environment for their employees. Despite an employer's best endeavours to make workplaces safe, accidents still happen.

Employers are legally required to have employers' liability insurance, which will cover the cost of any injury compensation claims. This cover extends to employees who were injured at work, but have subsequently left the company.

See also:

Claiming compensation for a work accident

How long after an accident can I start a claim?

A claim can be started within 3 years of the accident or within 3 years of discovering that the injury or illness was caused by the working environment. This is particularly important where an illness caused by a workplace environment has taken many years to become apparent.

Read more:

How long after an accident can I claim injury compensation?

What if the company is no longer in business?

In some situations, particularly where an illness has taken many years to develop, the company where the claimant worked might not still exist.

Providing that employers' liability insurance was in place at the time of your employment, the insurer should still cover your claim. Your solicitor will be able to identify your former employer's insurer through the Employers' Liability Tracing Office (ELTO).

Read more:

Can I claim injury compensation if my employer went bust?

What if my former employer's insurance company is no longer in business?

In situations where both your former employer and their insurer have ceased trading, leaving no traceable responsible party, a compensation claim should still be possible through the Financial Services Compensation Scheme (FSCS).

How to make a claim

A successful claim will depend on your personal injury solicitor being able to prove that your injury or illness was due to the employer's negligence. Ideally, details of any workplace incident and any injuries sustained should have been reported and recorded at the time.

If your illness has been caused by exposure to toxic hazards, such as asbestos, it will be necessary to prove a link between the illness and the employment.

If you decide to make a claim, your work accident solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.